Acórdão nº 9120186 de Court of Appeal of Porto (Portugal), 24 de Abril de 1991
| Magistrado Responsável | VAZ DOS SANTOS |
| Data da Resolução | 24 de Abril de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/ESTADO Legislação Nacional: CP82 ART388. L 6/85 DE 1985/05/04 ART8. DL 91/87 DE 1987/02/27 ART15 B.
Jurisprudência Nacional: AC RP PROC0123822 DE 1990/11/14. AC RP PROC0225261 DE 1990/11/14. AC RP PROC0410035 DE 1990/12/12.
Sumário: I- O tipo de ilicito do n. 1 do art. 8 da Lei n. 6/85 configura um crime de omissão pura, tendo o dever imposto ao objector, cuja recusa integra o crime de ser previamente concretizado pelo Gabinete Civico dos Objectores de Consciencia, so se podendo falar em omissão punivel apos a definição concreta dos deveres ou tarefas e da sua colocação nos respectivos serviços. II- Os deveres do objector decorrentes da norma do art.15 b) do Dec.Lei n. 91/87 de 27 de Fevereiro, porque dirigidos a...
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